Guarantees and Rights

Oncological forgetting, how Ivass strengthens insurance protections for former patients. But monitoring must continue

Crucial is the principle that the certificate of recovery can only be requested for the purpose of deleting past health information already provided by the insured when the oncological oblivion had not yet accrued

by Elisabetta Iannelli *

(Ansa)

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

We welcome with great satisfaction the Order of the Institute for Insurance Supervision (Ivass) No. 169 of 15 January 2026, which incorporates in a timely and substantial manner many of the observations that the Federation of Voluntary Associations in Oncology (Favo) and the Italian Federation of Pediatric Oncohaematology Parents and Healed Persons Associations (Fiagop) had jointly submitted during the public consultation in January 2025, in the interest of persons healed from cancer. This is a decisive step to ensure a correct, consistent and non-discriminatory application of Law No. 193/2023 on the right to be forgotten about cancer.

Dignity Protected

In particular, we consider of paramount importance the clarification inserted in Article 1(4) of the Provision, according to which the certificate of recovery can only be requested for the purpose of deleting past health information already provided by the insured person when the oncological oblivion had not yet accrued. This principle protects the dignity of cured persons and prevents them from being forced to disclose data that the law now considers subject to oblivion, in full compliance with the GDPR and the principle of data minimisation.

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Ivass has definitively clarified that healed persons should no longer be forced to disclose information about their previous illness when taking out or renewing a policy. The certificate of recovery only serves to delete data already provided in the past, and cannot become a new barrier.

Strengthened transparency

In the single pre-contractual forms (Mup) and in the additional pre-contractual information documents (Dip), Ivass has provided for the insertion of a section dedicated to the right to be oncologically healed, in which it is clarified that persons - healed for more than ten years, five years for persons under 21 years of age, or within the shorter term provided for specific cases - are not required to provide information, nor to undergo any type of investigation (such as a medical examination) on such previous pathologies. Accepting Favo's comments, the pre-contractual documentation has been amended to clarify that the certificate of cure is only required for contracts that are already in place. The text has been reworded to specify that the customer is not required to provide information on his previous medical condition when concluding or renewing the contract. These changes enhance transparency and ensure stricter alignment with the primary standard and the implementing decrees.

The work carried out by the Ivass demonstrates attention and sensitivity towards a group of millions of citizens who, having overcome an oncological illness, have the right not to suffer further discrimination in accessing insurance and financial services. We will continue to be vigilant so that all companies adapt quickly, so that no one will have to pay the price for an illness they have already overcome.

* General Secretary Favo 

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